法律英语词汇“assault”的翻译、意思、用法、释义-法律词典

单词

assault

释义

assault

assault 1. in the law of TORT, an assault is an act that causes another person to apprehend the infliction of immediate unlawful force on his person; a battery is the actual infliction of unlawful force on another person (Collins v. Wilcock [1984] 3 All ER 374). There can be assault without battery, as where the wrongdoer is restrained, but if a battery is immediately impossible then there is not assault, as where a man behind bars threatens violence. There is a conflict of authority concerning the degree to which there must be an actual gesture rather than simple words. There can be battery without an assault in any situation where there is no preceding cause of apprehension, such as a blow to a sleeping person. There does not need to be a direct blow – pulling a chair from under a person is sufficient. Any contact with a person is sufficient to be an assault in law subject to the defence of consent. The Court of Appeal is flirting with a neces- sity for hostility (Wilson v. Pringle [1986] 2 All ER 440), but that might not become the law: Lord Goff in F. v. West Berkshire Health Authority [1989] 2 All ER 545.

2. in English criminal law, the crime constituted broadly as stated

above. When included with battery it is an offence in terms of the Offence Against the Person Act: see Fagan v. Metropolitan Police Com- missioner [1969] 1 QB 439. The concept of 'informed consent' has been held to have no place in English criminal law. A dentist who having been suspended from practice treated patients without telling them this fact had his conviction quashed – the patients

assignation

agreed to be treated by a dentist and were so treated: R v. Richardson

[1998] TLR 221.

3. in Scots civil law, the DELICT of unlawful touching or an attack like- ly to touch, like spitting.

4. in Scots criminal law, a deliberate attack on another person. Inten- tion to injure is essential, although it does not matter that a person other than the person aimed at is injured. There is no need to connect with the blow. Arranging for another to do the act is the same as doing it. The offence may be aggravated by using weapons or by the nature of the victim – for example, the assault of a police officer. SELF- DEFENCE is a defence but CONSENT is a very limited defence, most like- ly to succeed in cases of medical treatment, sport played within the rules and sexual contact: Smart v. HMA 1975 JC 30.

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